Skip to comments.Al Qaeda Wins One in the Court
Posted on 03/08/2006 5:43:24 PM PST by strategofr
The release of the names of over 500 detainees at Guantanamo Bay, after the Department of Defense complied with a Freedom of Information Act request by the Associated Press was ordered by a federal judge, is yet another blow to American intelligence efforts. In essence, the Department of Defense 's efforts to protect the families of detainees, who cooperate, from retaliation, has been set back. In addition to that, as the names get named, it will become much easier for al Qaeda to figure out what the United States probably knows, giving the terrorist organization a huge counter-intelligence coup.
In the war on terror, interrogations are going to provide a lot of the valuable intelligence often providing details about the structure of al Qaeda (for instance, such interrogations have shown how al Qaeda compartmentalizes information). Often, people cooperate as long as assurances can be given about the safety of their family. Al Qaeda also will now be willing to tell potential members that if captured, their families could be subject to reprisals, allowing it to enforce a version of the Mafia's code of omerta.
The other effect of the names of who the United States has in custody being released is that it will make damage assessment easier for the terrorist organization. One of the crucial aspects of counter-intelligence is figuring out just what the other side knows (or could know) about your capabilities and intentions. This is what enables you to avoid getting caught by surprise (the way the Japanese carrier force was at the Battle of Midway in 1942). The revelation of who the United States of America is holding will permit al Qaeda to have a very good idea of what the United States potentially knows.
The magnitude of this counter-intelligence coup is staggering considering some of the high-level al Qaeda personnel the United States is known to have in custody. The revelations forced by the Associated Press's FOIA request could be compared with the Japanese knowing about American code breaking efforts in 1942, or if Germany knew of the similar code-breaking efforts during the Battle of the Atlantic, which lasted from 1939 to 1945. This is knowledge that is crucial to the war on terrorism, and now al Qaeda knows the United States has that information. This will lead to counter-measures on the part of the terrorist group and the United States will face increased vulnerability to attacks as a result.
The released names will also result in a flurry of lawfare as media outlets and human rights groups begin to demand more information, while the human rights groups will also solicit plaintiffs and have the threat of friendly judges that they can turn to. These groups will also have the benefit of potentially strained relations between the Justice Department (which controls the appellate lawyers), and the Department of Defense (which is focused on getting actionable intelligence to protect the country, usually by making lots of terrorists good terrorists). Harold C. Hutchison (email@example.com)
I really don't know the answer to this one.
Once this war gets to the courts, we have lost. I say bring all our guys back now, buy a few more rifles and lots of ammo and let the chips fall where they may.
When does the Justice Department have jurisdiction over the US Military in times of war? The Administration should say "OK Justice...Enforce it!"
Probably another judge appointed by Carter
Ship the detainees back to Iraq and Afghanistan and let them have a quick fair trial then hang them all.
That would teach the courts and liberal terrorist appeasers about why it is better to not get involved.
That's plain wrong. No war has had a fixed time limit, yet.
"The problem is this war, unlike wars in the past, has no apparent limit of duration.
That's plain wrong. No war has had a fixed time limit, yet."
True. But the general understanding has been that wars would be of a fairly limited time. Not always true, of course. The French and British fought something called the Hundred Years War, though I don't know much about it and can't say how much it was like a continuous war for a hundred years. But there is an implication behind the idea of suspending our rights as Americans for the duration of the war---the implication that the war will not last for decades.
Fighting a war that apparently will last for decades is a different situation than most wars.
There has been no "declaration" of war. That is part of the problem. Without the declaration....the courts had an opening...and the left and their terrorist allies have used the opening. A costly mistake. Let us not make that mistake with Iran.
Pardon my curiosity, but what rights have you had suspended for the duration?
They didn't even appeal. They just went along.
I dont know of any past wars that run by the clock with a time limit like a football game, do you? I will note that this is an un-declared war against islamist psycho's (Not a war on terror). Lets declare the war and call it what it really is.
It irks me to no end that Al Qaeda (and bootlickers thereof) have any standing in our legal system.
I don't agree that the situation presents a problem.
It is not by our actions or our choices that this war may be endless. The duration of it, and thus the duration of the time that prisoners are detained will also not be determined by us; it will be determined by how long major terrorist orgnizations contine to create the war we are defending ourselves in.
The fact that we can not determine how long they will sustain this war does not alter the principles concerning the detentions.
The people that are upset with what this means for the detainess are taking their complaints to the wrong people when they bring those complaints to us. They should be out marching in world-wide demonstrations against the terrorists, so the detainees can go home, instead of falsely calling our defensive measure an atrocity. The atrocity is their war.
"But there is an implication behind the idea of suspending our rights as Americans for the duration of the war---the implication that the war will not last for decades.
Pardon my curiosity, but what rights have you had suspended for the duration?"
I refer to the idea that Americans---(even in America) can be held without trial if found to be terrorists (I believe this has happened once so far.)
Fly them back and throw the scurvy bastards out over the ocean. If it is God's will they will fly a while and then drown; if not, they will fly briefly and then drown. Let them become the virgins the others of their ilk hope to violate.
Can't do that, but we can fly them back and let the other nations give them an immediate trial.
I'm beginning to think President Bush should have just gone to Afghanistan, blasted it off the face of the earth and come home and waited until NYC or LA was completely wiped out. Maybe then the country would have understood we're at war. They don't understand it now, even people on this board only give it lip service.
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